McCray-Key v. Healthsource Global Staffing

Filing 18

ORDER TO SHOW CAUSE Show Cause Response due by 7/7/2014.. Signed by Judge Jeffrey S. White on 6/30/14. (jjoS, COURT STAFF) (Filed on 6/30/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JOYCE MCCRAY-KEY,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 14-02122 JSW

v.

ORDER TO SHOW CAUSE

HEALTHSOURCE GLOBAL STAFFING,
Defendant.
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On May 15, 2014, Defendant filed a motion to compel arbitration, which had been

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noticed for a hearing before Magistrate Judge Cousins on June 18, 2014. On May 19, 2014, the

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case was reassigned to the undersigned Judge, and Defendant re-noticed the motion for August

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1, 2014. Local Rule 7-7(d) provides that “[u]nless otherwise ordered by the Court, the

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continuance of the hearing of a motion does not extend the time for filing and serving the

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opposing papers or reply papers.” In addition, under Civil Local Rule 7-3(a), “[a]ny

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evidentiary and procedural objections to the motion must be contained within the brief or

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memorandum.”

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Pursuant to Northern District Civil Local Rule 7-3(a), Plaintiff’s opposition to the

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motion was due on May 29, 2014. Plaintiff filed her opposition on June 27, 2014.

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Plaintiff did not file an opposition to the motion within the time required by Local Rule 7-3(a),

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the Court did not extend the time to file such an opposition, and the parties did not submit a

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stipulated request to the Court asking for an extension of the briefing schedule. Plaintiff also

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filed separate objections to evidence submitted in support of Defendant’s motion to compel.

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Plaintiff is HEREBY ORDERED to show cause as to why the Court should not strike

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her brief and why it should not strike the separately filed objections to evidence based on the

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failure to comply with Local Rule 7-3(a). Plaintiff’s response to this Order to Show Cause shall

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be due on July 7, 2014. If Plaintiff seeks leave to file an amended brief, she shall submit a copy

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of that brief with her response to the Order to Show Cause.

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The Court shall extend the Defendant’s time to file a reply brief pending receipt of
Plaintiff’s response to this Order to Show Cause.
IT IS SO ORDERED.
Dated: June 30, 2014
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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